D G Solicitors and interim charging order

[tehbb]

Hello, this is my first post, please bear with me!

 

I am in the latter stages of a divorce, and during the financials hearing, because I couldn't raise the money to buy him out, his mother coughed up and on his behalf made a settlement that I agreed to, plus an time scale of 5 months to vacate, unpleasent, unfair, unjust, but I just have to suck it up and move on, however, yesterday I received an interim charging order on the house from the court, applied for by D G solicitors on behalf of HSBC for a defaulted personal loan, I actually had a letter from HSBC asking me if I would like the opportunity to make a full and final with the possibility of up to 40% discount, I replied in writing yes please, then I see on the charge order, D G applied for this in April and it was allowed in June! ironically its with the same Judge who directed over the financials when I had to represent myself, lovely chap, still I digress.

 

To get to the point, I am at the start of a process to move and what I would like to know is as the house has a charge app pending against it, and his mother will be living in it, it isn't actually being 'sold' (and I am pretty certain, she is just going to just give it to him) and she doesn't need a mortgage, if HSBC respond to my letter begging for the chance to pay the debt from the settlement directly after the money is transferred, in the affermative, should or could this hold up the whole process of my moving out, I really don't want to lose the house I am moving into. Also the outstanding balance on the letter from HSBC, was £1046.76 and the amount on the court form from D G is £7046.76, is that right or as I hope a typing error?? I aoplogise if I am rambling, my head feels like it going to explode, any advice would be really appreciated.

 

Thanks

[maroondevo52]

Hello and Welcome, tehbb.

 

I'll move this thread to our Legal Issues Forum.

 

Regards.

 

Scott.

[maroondevo52]

Hi,

 

 

I've been told you need to apply for a hearing to have the interim charge released.

 

I really don't have a clue about these things, I'll see if I can get someone to help.

 

Regards.

 

Scott.

[Pinky69]

HSBC probably won't talk to you now it is with their solicitors and DG won't lift the charging order until the debt has been settled. You need to go back to court and ask them to lift the charging order to allow settlement and in your circumstances they should be sympathetic. You will need to give them a guarantee that payment of the unsecured debt will be made from the settlement and the way to do this is via a solicitor. He gets the settlement, he pays the unsecured debt, you get the rest - that should be acceptable to a court.

[tehbb]

Ok thanks, thats given me a bit of hope, what do you think about the massive price difference, is that figure of £7046 up from £1046 likey, seems incredibly strange to me....

 

Thank you again

[tehbb]

thank you again for taking the trouble to look at this for me

[Pinky69]

I think it is a typo. You can raise it when you go to your hearing.

[tehbb]

That was what I hoped you were going to say! thank you so much, I was starting to feel like I was going round the bend, I will make some phone calls tomorrow to get confirmation on that.

 

Thank you again